Carry in Nantahala National Forest, NC

Status
Not open for further replies.
D

dirt_j00

Member
Joined
Sep 16, 2008
Messages
310
Location
Montgomery, AL
My buddies and I have a AT hike coming up, and I'm trying to find out the legality of carry in Nantahala National Forest in North Carolina. I *thought* I was OK to carry in NC since they have concealed carry reciprocity with AL (and I have an AL pistol permit).

Well upon further research, it appears that the Nantahala National Forest is classified as a "game land" under NC state law, and thereby limiting the carry choices available. It appears you can only legally carry a .22 pistol with <7.5" barrel. LINK to this info here.

Also, Handgunlaw.us shows that "State/National Forests: NO".

Can someone confirm this interpretation of this info? Thanks!
 
I'm not sure about Nantahala, but I spoke with a ranger ar Uwharrie a while back who indicated that national forest carry is ok (confirmed what I had seen). He made sure to say to not shoot it, since there are game areas in the forest that have caliber restrictions like you mentioned.
 
Below is the Admin code for the NC Title 15A - Environment and Natural Resources > Chapter 09 - Division of Forest Resources. Link is below.
15A NCAC 09C .1243 FIREARMS

No person except authorized forest law enforcement officers of the department, or any other sworn law enforcement officer shall carry or possess firearms of any description or air guns or pellet guns, on or upon Educational Stat e Forest or State Forests. Properly licensed hunters that meet the requirements of Rule .1233 of this Section, or persons meeting the requirements of the NC Wildlife Resources Commission Rules applicable to Educational State Forests or State Forests, are exempt from this Rule.

History Note: Authority G.S. 113-22; 113-34; 113-35;

Eff. November 1, 2009.
http://reports.oah.state.nc.us/ncac...esources/subchapter c/15a ncac 09c .1243.html
 
dirt_j00,

I am not 100% positive but very close. The Federal Government does not have any laws concering carrying firearms in National Forests. The Feds have rules about shooting firarms in National Forests. Not across roads and into caves. National Forests go by the laws of the state the National Forest is in on carrying firarms in them. So if the state allows or disallows carrying firarms in their State Forests I believe it also applies to the National Forests in that State. Since the States take care of things in them and the feds just assist in many cases.

again I am not 100% sure but If the state has State Forests as off limits then I will not carry in a National Forest in that state. I believe you would be in violation of their laws. Sorry I can't be of more assistance.
 
NC does have a rule on State Game Lands. I do not know if State Game Lands include National Forests. It states this:

- 22-caliber pistols with barrels, not greater than 7.5 inches in
length and shooting only short, long or long rifle ammunition,
may be carried as side arms on game lands at any time, except
by hunters during the special bow-and-arrow and muzzleloading
firearms deer hunting season.

I would say that open carry is the way they would want you to carry it.

Again I am not sure NC Game Lands includes National Forests. You can go to this link and they have
a map online that shows state game lands.
http://www.ncwildlife.org/Hunting/H_Game_Land_Maps.htm
 
Thanks - I've been all over those maps, and they have several "game lands" highlighted in the NF that the AT goes right through.

So, not looking good for National Forest carry in NC!
 
National forests and state forests do not have the same carry laws in NC. As Gary mentioned, carry in state forests is probably not a good idea. I am 99% sure it is OK in national forests per my discussion with the ranger.

If in doubt, give the ranger a call and ask.


EDIT: Ah, now that I reread the regulations, here was the exception the ranger quoted me (it was about 3-4 years ago when I asked):

"Possession is allowed on field-trial and designated target shooting
areas and in camping areas for defense of person or property."

He said that his view was the above allowed you to carry it hiking through because it's fine at your campsite, and this exception was independent of the 22LR one.
 
Last edited:
Is it legal to fire a weapon in a national forest located in AL that is not at a range?

I sometimes go to the Tuskegee NF and can't get to the public range because the roads suck so I find a quiet spot with an embankment and plink.
 
The National Forests in NC fall under the same rules as State Forests in NC when it comes to carrying firearms. The only Federal regulations for firearms for National Forests is firing across roads and into caves. They defer to the state for carrying any type of firearms. What the state says it what the reg is for the National Forest in that state.

The Law on Game Lands is very specific. 22 S, L, LR only and barrel less than 7.5 inches is allowed anytime. All other firearms are not permitted except the proper firearm when hunting season is in.

If you look at the Trials as mention above that is training dogs etc. IF you are going to a shooting range the firearm must be unloaded and stored. You can have a defensive firearm loaded and in your camp site as the NC Regs are very specific about a firearm for personnel protection in your camp site.
 
Ingsoc75 - You can only discharge firearms at Tuskegee NF at the range or during hunting hunting season. http://www.fs.fed.us/r8/alabama/recreation/uchee.shtml See bottom of page.

Hunt480 - This is a National Forest, not a National Park. They are governed by two different federal agencies and can have drastically different regulations.

Fletcher - Thanks for that info about camping and hiking. That makes sense. I am going to dig further into that.
 
I would suggest you give the NC DNR a call and ask. Then I would try to dig up the actual guidleline or regulation. In TN prior to Feb 22, it was illegal to carry a firearm except during hunting season unless you had the proper license and so forth. Now I'm not so sure even though Rangers have told me that they don't care about handguns, but you should not be shooting them and only if you must have a handgun carry permit. In TN the National Forests are also WMA's. My question was ... so I can't carry a 22 rifle for a walk in the woods? ... that is correct. So unlike WV and PA, National Forests are not available for plinking or casual target shooting.
 
I don't know how this figures in, but the public range that I use is in Nantahala National Forest in NC. The range is maintained by the US Forest Service. I can't see how it would be illegal to carry guns in the forest if the range is legal.
 
#1 The U.S. Forest Service (USFS) is the agency with jurisdiction not the NPS

#2 Congress gives a lot of power to the district ranger, his or her orders are as good as law in the district which by the way is a few states large.

#3 Each district has different rules for example: in the southern district we have virtually no access to the woods via ATV's but in Colorado access is much less hampered.

#4 Look up the ranger or an LEO in the district that you wish to visit and ask them. don't assume what I tell you works in Texas will work in NC.

#5 Start here http://www.fs.fed.us/
 
North Carolina law gives the Department of Environment and Natural Resources the following authority:

North Carolina General Statutes § 113‑35(a)

... The Department shall make reasonable rules governing the use by the public of State forests, State parks, State lakes, game refuges, and public shooting grounds under its charge. ...
Click to expand...

The Department has adopted regulations concerning firearms for state parks and forests:

North Carolina Administrative Code 15A NCAC 12B .0901(a)

No person except authorized park employees, their agents, or contractors, or officers of the state shall carry or possess firearms, airguns, bows and arrows, sling shots, or lethal missiles of any kind within any park.

North Carolina Administrative Code 15A NCAC 09C .1243

No person except authorized forest law enforcement officers of the department, or any other sworn law enforcement officer shall carry or possess firearms of any description or air guns or pellet guns, on or upon Educational Stat e Forest or State Forests. Properly licensed hunters that meet the requirements of Rule .1233 of this Section, or persons meeting the requirements of the NC Wildlife Resources Commission Rules applicable to Educational State Forests or State Forests, are exempt from this Rule.
Click to expand...

To make things fun (and totally beyond comprehension), state law provides the following concerning concealed carry:

North Carolina General Statutes § 14‑415.11(a)

Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law.
Click to expand...

As to the regulations adopted by the NCDENR:

North Carolina General Statutes § 14‑415.23. Statewide uniformity.

It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun.
Click to expand...

Now, that was easy, wasn't it.
 
Clear it up

Just to clarify: he is talking about a National Forest which belongs to the U.S. Government not a State Forest owned by NC. The two are independent of one another. Jurisdictions don't overlap and the rules aren't the same. Don't get hung up out there.
 
Let's rewind on this question.

Regarding National Forests in Alabama:

Q. Are concealed firearms permitted on national forests land in Alabama?

A. Visitors are allowed to carry concealed firearms on National Forest general forest areas, as long as they are in possession of a valid pistol permit issued by a county sheriff.

If the National Forest general forest area is also a State wildlife Management Area (WMA), state regulation generally prohibits all firearms unless a scheduled hunt is in progress, and even then, there are limitations on the types of firearms that may be carried. The State Department of Natural Resources should be contacted for specific regulations pertaining to firearm possession in WMAs.

No weapons, concealed or otherwise, may be carried onto a Forest Service or any other federal administrative office or site.

No firearms may be discharged within a Forest Service developed recreation site.
Click to expand...

Generally regarding National Forests:

3. Can I carry a firearm on the national forest?

Possession of firearms. The possession and unconcealed carry of a firearm on the national forest is not restricted by federal law or Forest Service regulations with the exception of “prohibited possessors,” such as convicted felons (see 18 USC 922g and ARS 13-3101). State laws regarding the concealed carry of firearms and the carrying of weapons within or on a motor vehicle apply to all National Forest System lands.
Click to expand...

Everything I have seen suggests that the laws of the state in which a National Forest is located apply to the National Forest, BUT I have seen people interpret that simple statement in two ways:
  • a state's general firearms laws apply in National Forests; or,
  • A state's firearms laws regarding state forests also apply to National Forests.
I believe the first interpretation is correct.

In North Carolina, agency regulations for state forests are very specific and identify only "state forests" as being a prohibited area. Since the agency regulations do not mention National Forests, I do not believe they apply to National Forests. The exception to this would be if designated game lands or game refuges overlapped National Forest lands, or more generally, if there were specific state hunting regulations applicable to all land in the state.

I believe that North Carolina's general firearms laws apply to National Forests. Of course, my opinion is worth what you paid for it. :)
 
So carry in a National Park is okay, but not National forest?
Click to expand...
I actually looked at a map and just realized, I actually live in the Nantahala National Forest. I mean completely immersed in it. Everywhere I go on a daily basis is in the national forest. If carrying in the NNF is illegal then everyone with a CCL in my entire county (and a few surrounding) is breaking the law. Highly doubtful this is the case, especially when the monthly CCL class is taught by a sheriff deputy.
 
USFS boundary

The green area on maps that is listed as "______ National Forest" is the land that the USFS is authorized by congress to purchase should it become available. It does not actually mean all the land contained within is national forest. You can get detailed maps from the district office for about $10.00 that give the actual location of the boundary. If you have a GIS software you can download the maps for free. On the ground many National Forests boundaries are marked with red paint at about 4.5 feet high on the trees. Some are not marked at all. Make you life easy and call the LEO on that Forest.
 
I am a NC resident with a CCP. For bith hunting and backpacking, I researched this topic a couple of years ago and found out the following.

To correct and clarify some misleading posts, first you must distinguish between National Forest land (Dept. of Agriculture) and National Park land (Dpet. of the Interior).
In NC, National forest land (Owned by the US Dept. of Agriculture) is under the jurisdiction of the NC Wildlife Resources Commission, which enforces NC and federal laws in all US Forest Service and NC Forests (which are by agreement part of US Forest system). The rule is, a handgun is subject to the same rules on US Forest land in NC as anywhere else in NC. Concealed carry is permitted, if you have a CC permit issued by your county of residence, or a reciprocating state. Technically, the calibre and type weapon is subject to the NC game laws. If one were to carry a larger calibre than allowed during a given hunting or non-hunting season it would be up to the Wildlife Officer to decide whether to cite you (rest assured, if he thought you were hunting illegally he would). During any gun season there is no limit on calibre for a hand gun if it meets the requirements for hunting. The regulations are available for download on the NC Wildlife Resources Commission website.

Don't even consider carrying a rifle or shotgun out of season for personal protection.

If you are corrying concealed and are addressed by any law enforcement officer (including game officers)anywhere in NC you are required to notify him (or her).

National parks are different: they are subject to federal law for national parks (Dept. of the Interior). As it stands today you may carry concealed in a national park in NC since it is allowed in the state (unless the current administration has changed the rule again). You may always transport a gun (including shotguns or rifles) through the Blue Ridge Parkway, including into a camping area as long as it stays in the trunk, unloaded. I did this and verified it with two Nation Park policemen on the Parkway. To hunt some areas you almost have to access through the Parkway.

I hope this helps.
 
Status
Not open for further replies.

Similar threads

W
  • Locked
Shooting in State/National Forest? Specifically NC
Replies
3
Views
692
RobNDenver
R
B
  • Locked
CCW in National Forest in NC
Replies
5
Views
562
Storz
S
v8stang289
  • Locked
Carrying concealed in Croatan and Uwharrie National Forest, NC
Replies
10
Views
2K
v8stang289
v8stang289
K
  • Locked
Concealed Carry, Parks & Forests (WV & VA)
Replies
16
Views
2K
Kowycz
K
B
  • Locked
Open carry in National Forest in Washington?
Replies
17
Views
3K
Bobarino
B
Back
Top